Another.
“No recorded right-of-way for general residential traffic.”
A resident raised his hand.
“What about historic use?”
Michael nodded.
“Excellent question.”
Victoria sat straighter.
Michael continued.
“Historic use can matter depending on jurisdiction, duration, nature of use, permission, continuity, and a number of other facts.”
He looked toward Garrett.
“In this situation, the subdivision itself has existed far less time than would support many of the arguments residents have been hearing informally, and available records show the road was maintained as a private ranch road.”
Victoria interjected.
“Residents have used it.”
“Occasional permissive use does not automatically create a public road.”
Michael’s tone remained calm.
“Garrett’s father allowed certain neighbors through during floods and emergencies. Garrett has allowed individual visitors by permission.”
He looked around the room.
“That is very different from an association-wide access right.”
Linda Carver, the treasurer, leaned forward.
“Did the HOA attorney review this?”
Nobody answered immediately.
Linda looked at Victoria.
“Victoria?”
“Yes.”
“And?”
Victoria’s face tightened.
“He said the issue was uncertain.”
Joel frowned.
“That isn’t what I understood from his email.”
Every head turned.
Victoria looked sharply at him.
“What email?”
“The one he sent this afternoon.”
Joel took out a printed page.
“He said the association currently lacks documentary support for a claimed access right and should not represent otherwise.”
The room became very quiet.
Garrett watched Victoria.
She did not look at him.
Joel continued.